Alena Pastuch released from custody, passport seized (with video)

REGINA — A Regina businesswoman who was known to frequent Las Vegas and Los Angeles will have to curtail her travels after agreeing to strict release conditions on charges stemming from an alleged $5-million investor fraud.

A weary-looking Alena Marie Pastuch made her first appearance in Regina Provincial Court on Thursday after spending a night in custody.

Dressed in navy sweatpants and a white hoodie emblazoned with the Abercrombie and Fitch logo, Pastuch peered out from behind the glassed-in prisoner's dock as Judge Ernie Bobowski read her charges aloud.

They stem from allegations that she misappropriated millions of dollars entrusted to her by some 30 investors from Saskatchewan, B.C. and Alberta.

The 48-year-old woman was CEO of a string of companies, with listed offices in Regina, Calgary and Los Angeles, that were focused on building anti-theft and child protection software.

She was arrested Wednesday at her Regina home and charged with fraud exceeding $5,000, theft exceeding $5,000, and a proceeds of crime offence that alleges she used investors' money with the intent to conceal or convert those proceeds while knowing they were obtained by fraud.

The theft and fraud are alleged to have occurred between April 1, 2006 and Jan. 1, 2013, while the proceeds offence is alleged to have occurred between Jan. 25, 2007 and Jan. 1, 2013.

Seated at the back of the courtroom in support of Pastuch were Brian Pederson - chief technology officer in her companies - and her mother. Across the aisle sat a plainclothes Mountie, a member of the economic crime section that began investigating Pastuch after three investors first went to police with complaints in April 2010.

Crown prosecutor Dana Brule consented to Pastuch's release under a raft of conditions.

She must keep the peace, maintain her Regina residence, report to RCMP headquarters every 28 days, surrender her passport and any travel documents, not apply for a passport in her or any other name, not possess any credit cards or banking information except those in her name, not access any bank accounts except those in her name, not possess any identification except that in her own name, and not contact a long list of named individuals - "they're quite numerous," Brule said in explaining why he wasn't going to read it aloud - except through a lawyer.

The bulk of those named are investors, but some are former or current officials of the Financial of Consumer Affairs Authority, before which Pastuch is dealing with separate but related matters.

Asked by the judge if she would consent to those conditions, Pastuch replied, "I do have a problem because there's another matter ... where I do have to speak to some of them." (The subject of those proceedings are under a publication ban.) Brule clarified that she could make contact through their lawyers, and she was content.

Bobowski asked again if she agreed to the terms. "Oh sure. Yes," Pastuch replied.

Upon entering court, Pastuch indicated she had consulted with Legal Aid duty counsel prior to her court appearance. "We're going to obtain counsel. We haven't yet," Pastuch subsequently told the judge.The charges were adjourned to July 3. Pastuch later left court with the hood of her sweater pulled tight around her head and face, blowing past reporters without a word when asked if she wanted to comment publicly.

While the most serious, the criminal charges are not Pastuch's only legal woes.

She and her companies, including Teamworx Productions Ltd., Idendego Inc. and Cryptguard Ltd., have been embroiled in longrunning proceedings under the Securities Act. In November 2009, she and the companies were hit with a cease trade order.

A protracted securities hearing examining $5.6 million in investments ended in January after moving along in fits and starts over the course of two years. Pastuch never appeared in person during those proceedings. The hearing panel has not yet released a decision.

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